Former Kentucky gubernatorial candidate and current 4th district congressional candidate Eric C. Deters announced Wednesday he will file a lawsuit to disqualify U.S. Rep. Thomas Massie from his 2024 reelection run.
In the complaint provided to LINK nky, Deters – one of two candidates challenging Massie in the 2024 Republican primary – claims the six-term U.S. congressman should be disqualified from the race because of what the document calls a “falsified” residential address given by House District 66 candidate TJ Roberts as a witness to Massie’s candidate filing on Dec. 18, 2023.
According to the Kentucky Secretary of State’s office, two witnesses – both living in the same district as the candidate – are required for political candidate filings in Kentucky. Roberts lives in Burlington in the 4th district, according to his Jan. 5 filing for Kentucky’s 66th District House race. Deters lists Walton (also in the 4th congressional district) as his place of residence on his Jan. 5 filing for the 4th district congressional race.
Deters’ complaint, however, says Roberts did not live at the residence he gave under oath as one of two witnesses to the Dec. 18 filing. That residence, on East Bend Road in Burlington, was destroyed by fire early last year, according the document.
“Thereafter TJ moved elsewhere. It is unknown where he resided,” Deters says in the complaint. “It is unknown where (Roberts) resided on Dec. 18, 2023, but it is beyond doubt TJ Roberts did not live or reside at (the East Bend Road property in Burlington) on that date,” claiming that Roberts “falsified under oath his residential address as a residence that burned down and had open building permits prohibiting occupancy.”
The complaint asks the court to disqualify Massie and grant an injunction against counting of any votes cast for Massie “during absentee, early, or election day voting until this action has a final order entered.” Deters is also asking for a jury trial, court costs and fees, and “any and all other relief (Deters) may be entitled to at law or equity.”
Roberts, who ignited controversy for his role in a 2022 Liberty Republican campaign against then-House District 66 incumbent Ed Massey, responded to Deters’ complaint Wednesday. Calling the allegations “false” and a “misrepresentation of facts,” Roberts issued a statement to LINK nky that reads, in part:
“As many of you already know, I tragically lost my house to a fire in 2023. Thankfully, no one was hurt, and we had insurance, which allowed us to fully rebuild. My family’s been through nothing short of hell, and it is disgusting that the Establishment is teaming up with anyone willing to use this personal tragedy for personal and political gain,” said Roberts.
“Despite establishment efforts, our campaign is taking off. I will continue to fight for my right to be on the ballot while not letting this distract from our work to get the America First message to every voter in District 66. Thomas Massie and I will prevail against the swamp’s desperate tactics of my corrupt opponent,” he said.
The Massie campaign emailed LINK a response to the complaint from Rep. Massie Wednesday that read:
“The use of lawfare by my opponent, a Hillary Clinton donor and Andy Beshear endorser, comes as no surprise. After his disastrous failed gubernatorial campaign, he has apparently convinced himself that the only way he can win an election is by employing the same kind of dirty tricks the Left is currently attempting to keep Donald Trump off the ballot.”
This is not the first time that Deters has challenged the validity of a Kentucky political candidate based on residency.
In May 2023, a state court dismissed Deters’ residency challenge against fellow Republican gubernatorial candidate Kelly Craft. Deters claimed Craft was a resident of Oklahoma in a KET debate days earlier, according to the Kentucky Lantern.
Craft came in third in the 2023 Republican primary race for governor with 52,170 votes, based on official results from the Kentucky Secretary of State’s office. Deters came in fourth with 17,464 votes.
The third Republican candidate in Kentucky’s 4th district congressional race is Michael McGinnis of Fort Thomas, not named in Deters’ lawsuit. McGinnis’ campaign website describes him a “sixth generation Kentuckian and lifelong Northern Kentuckian,” “Eagle Scout” and “proven leader,” but does not elaborate on his record.
Rebecca Hanchett is LINK nky’s Frankfort correspondent. You can reach her at rhanchett@linknky.com